No. 18-6024

Eric Sijohn Brown v. United States

Lower Court: Third Circuit
Docketed: 2018-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: buck-v-davis certificate-of-appealability civil-procedure due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-analysis section-2255 standard-of-review third-circuit
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-12
Question Presented (from Petition)

(1) Does the Third Circuit Court Of Appeals decision contrevene Buck. v. Davis,85 U. S.L.WI 4037,2017 BL :54115 (U.s.2/22/17) because the 3rd Circuit in denying a certificate of appealability motion, decided the merits of petitioner's §2255 claim and petitioners certificate of service attached to the plea agreement was issued without any signatures ?

(la) Buck held that an appeals court's statutory juridiction to grant or deny a certificate of appealability under 28 U.S.C. § 2255 isn't coextensive with a merits analysis.

(lb.) Brown pursued a habeas claim, arguing that his attorney was ineffective. The district court rejected that claim, and the U.S.C. of Appeals for the 3rd Circuit refused to grant a C.O.A. because Brown failed to show "extraordinary circumstances" warranting relief.

Question Presented (AI Summary)

Does the Third Circuit Court Of Appeals decision contravene Buck v. Davis

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-08-15
Supplemental brief of petitioner Eric Sijohn Brown filed. (Distributed)
2018-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2018)

Attorneys

Eric Sijohn Brown
Eric S. Brown — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent